On August 14, Brazil adopted its new General Data Protection Law (LGPD) designed to replace and/or supplement its existing sectoral privacy framework. Brazil’s LGPD echoes many of the components of the GDPR and will likely serve as part of Brazil’s own push for a reciprocal adequacy finding from the European Commission similar to the one Japan received this past July. In addition to the LGPD, President Temer has stated that the government will establish a Brazilian national data protection authority (DPA) with a separate bill. Scope Like the GDPR, Brazil’s LGPD includes an expanded […] Read more
Following a two-year grace period, EU General Data Protection Regulation (GDPR) entered into force on May 25, 2018. For many companies, preparing for the GDPR was a multi-year project involving multiple teams and input or assistance from across the organization. On this blog, we have outlined the items we have seen as particularly time- or resource-intensive.
On June 29, 2018, the Data Protection Authority (DPA) of the German state of Lower Saxony (Niedersachsen) announced it would be surveying GDPR compliance among companies under its jurisdiction. Germany has 16 state-run DPAs with general [...] Read more
Consistent with recent expansions to state data breach notification laws, Colorado recently enacted an expanded data privacy law that strengthens the state’s existing breach notification law and that requires policies and procedures concerning the protection and destruction of personal identifying information (“PII”). The law applies to any individual or commercial entity that maintains, owns, or licenses “personal information” or PII, as applicable, in the course of its business, vocation, or occupation, and also contains largely identical provisions that apply to state and local governments. [...] Read more
The Securities and Exchange Commission’s $35 million settlement with Altaba Inc., the successor in interest to Yahoo! Inc., is the first civil penalty of its kind for a data breach and underscores the agency’s increasing focus on public companies’ cybersecurity disclosure obligations. A cross-practice team from our Securities Litigation and Cybersecurity Preparedness & Response groups examined the SEC action in an advisory published on April 27, 2018.
To read the full advisory, please click here. [...] Read more
“To Harmonize or Not To Harmonize: That Is the Question.” With the the GDPR fast approaching on May 25, 2018, European Member States are getting ready with the implementation of national legislation. Although the GDPR is a regulation, and directly applicable in all Member States, it has left room for country-specific legislation in several different regards (such as the processing of employee data or individual rights restrictions). Most Member States still only have draft legislation at this point, but the expectation (or at least intention) is that each country will have adopted legislation [...] Read more
On November 30, 2017, a group of U.S. senators re-introduced a bill, known as the Data Security and Breach Notification Act, which seeks to impose criminal liability of up to five years of jail time on any corporate executive convicted of “intentionally and willfully” concealing a data breach.
The bill also proposes that the Federal Trade Commission (FTC) establish standard, nationwide security protocols for businesses to follow. The bill would also require companies to report data breaches to consumers or users within 30 days unless a U.S. federal law enforcement or intelligence agency [...] Read more
Virginia amended the state’s data breach notification law, effective July 1, 2017, to expand notification requirements for employers and payroll service providers to data breaches that involve “unauthorized access and acquisition of unencrypted and unredacted computerized data containing a [Virginia] taxpayer’s identification number in combination with the income tax withheld for that taxpayer. . . .”[1]
The expanded notification obligation is subject to the same likelihood of harm threshold that applies in the original law. Notification is required only when the employer or payroll [...] Read more
On March 21, 2017, New York Attorney General (NYAG) Eric T. Schneiderman announced that his office had received a record breaking 1,282 data breach notices to his office affecting 1.6 million New York residents during 2016. Compared to 2015, these figures represent a 60 percent increase in the number of notices and a 300 percent increase in the number of New York residents affected. These research figures build on the NYAG’s 2014 report “Information Exposed: Historical Examination of Data Security in New York State,” which analyzed eight years of security breach statistics in New York from [...] Read more
On February 13, 2017 Australia became one more among nation states adopting data breach notification legislation. In recent House and Senate votes, the Australian Parliament amended the Privacy Act 1988, introducing mandatory data breach notification requirements for entities regulated by the Privacy Act.
Who is Subject to the New Legislation?
The recent bill requires entities with revenue over $3 million AUD ($2.3 million USD) and certain credit reporting bodies and recipients of tax file number information to notify both the Australian Information Commissioner and affected individuals “as [...] Read more
On May 6, 2016, Illinois Governor Bruce Rauner signed HB1260, which significantly updates the state’s Personal Information Protection Act. The changes take effect on January 1, 2017. When the new law becomes effective, Illinois’ data breach notification statute will include one of the broader definitions of the information which, if breached, will trigger notification to individuals.
Starting in 2017, the definition of personal information in the Act will include an individual’s full name, or first initial and last name in combination with their health insurance policy number [...] Read more
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